Monti II and posting of workers. To answer the concerns European trade unions have because of the ECJ’s Viking and Laval rulings (see our dispatches No. 071012 and 071034) which, even though they recognize collective bargaining as a fundamental right, agreed that it could be limited when conflicting with an economic freedom (mainly the free provision of services and the freedom of establishment) of the European Union, President Barroso promised, in 2011, to adopt a regulation (called Monti II; the Monti I regulation notably help settle the link between the right to strike and the free movement of goods) to clarify “interactions between the exercise of social rights and economic freedoms within the EU” (see our dispatch No. 110256). This initiative will be combined with a draft directive improving the application of the posted workers’ directive within the framework of the provision of services. These two texts are expected some time in February.
The European Commission has a certain number of proposals in the offing for 2012. Ranging from the draft regulation on reconciling the right to strike and the EU’s economic freedoms, to CSR, to transnational negotiations, restructuring, and the anticipation of change, here is an overview of the initiatives expected for this new year. (Ref. 120012)
Monti II and posting of workers. To answer the concerns European trade unions have because of the ECJ’s Viking and Laval rulings (see our dispatch
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